Section 74 of Copyright Act 1957 - Civil Court Powers of Registrar of Copyrights
Section 74 of the Copyright Act, 1957 gives the Registrar of Copyrights specified powers of a civil court for procedural matters such as compelling attendance, obtaining documents, receiving affidavit evidence, issuing commissions and requisitioning public records.
What does Section 74 provide?
Section 74 is contained in Chapter XV of the Copyright Act, 1957. It does not generally convert the Registrar of Copyrights into a civil court. Instead, it confers powers comparable to those exercised by a civil court trying a suit under the Code of Civil Procedure, 1908 for the matters specifically identified in the section.
Section 74 - Powers available to the Registrar
The Registrar of Copyrights has the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters:
- summoning and enforcing the attendance of any person and examining that person on oath;
- requiring discovery and production of documents;
- receiving evidence on affidavits;
- issuing commissions for examination of witnesses or documents;
- requisitioning a public record, or a copy of it, from a court or office; and
- any other matter that may be prescribed.
Meaning and scope of the civil court powers
| Power | Practical meaning |
|---|---|
| Summons and attendance | The Registrar can require a person to appear and can examine that person on oath where the Act permits the Registrar to conduct the relevant proceeding. |
| Discovery and production | Relevant documents may be required to be disclosed and produced for the proceeding. |
| Affidavit evidence | Evidence may be received in affidavit form where appropriate. |
| Commissions | A commission may be issued for examination of witnesses or documents where the statutory requirements are met. |
| Public records | The Registrar may requisition a public record or its copy from a court or public office. |
| Prescribed matters | The provision allows additional procedural matters to be prescribed under the statutory rule-making framework. |
Territorial reach for attendance of witnesses
The explanation to Section 74 addresses the territorial reach of the power used to enforce attendance of witnesses. The provision is intended to permit enforcement of witness attendance across the territory of India, rather than confining that procedural power to the physical location of the Copyright Office.
Effect of the Tribunals Reforms Act 2021
The page previously described the powers of both the Registrar of Copyrights and the Appellate Board. That description became outdated after the tribunal reforms of 2021. Act 33 of 2021 removed the Appellate Board from the operative part of Section 74 with effect from 4 April 2021. Related copyright functions that had been assigned to the Appellate Board were redistributed by the 2021 reforms, including to the High Court or Commercial Court depending on the particular provision.
Why Section 74 is important
Copyright administration can involve disputed facts, documents and evidence. Section 74 supplies procedural tools that allow the Registrar to obtain material needed for proceedings under the Copyright Act. The powers are therefore evidentiary and procedural in character and should be read with the particular provision under which the Registrar is acting.
Section 74 and the Code of Civil Procedure 1908
The reference to the Code of Civil Procedure, 1908 identifies the procedural character of these powers. For example, summons, discovery, affidavits and commissions are familiar civil procedure mechanisms. Section 74 adopts specified powers for copyright proceedings without treating every function of the Registrar as the exercise of ordinary civil court jurisdiction.
Official legal resources
For the authoritative statutory text and current administrative information, readers should verify the provision through India Code and the Government of India Copyright Office. Amendments should always be checked before relying on an older bare-act reproduction.
Legal note: This article is a general explanation of Section 74 and is not a substitute for the current statutory text, applicable rules or legal advice for a particular proceeding.